How much does a patent cost?
One of the questions I’m asked most frequently is “How much does a patent cost?” Well, that’s like asking “How much does a house cost?” or “How much does a car cost?”. Of course, it all depends on the house or car.
The same is true regarding a patent. Will you be using a patent attorney to draft and prosecute your patent? (That, in itself, will add up to many thousands of dollars — typically $10,000 – $20,000.) Or, are you going to give the patent application a whirl yourself?
For do-it-yourselfers: I’m a strong believer that almost any individual can file and prosecute a patent application by himself or herself. In fact, that’s the intent of my http://patent-your-inventions.com Web site: To give you the insights to take your idea and patent it yourself. And save yourself a bundle in the patent process.
If you go the do-it-yourself route, there are some fundamental costs imposed by the United States Patent and Trademark Office (USPTO). As of 10/2/08, the following are the baseline USPTO fees for an individual inventor (in patent lingo, an entity that qualifies for “small entity status”):
The four basic fees for individuals / “small entities” for what’s called a non-provisional application (a full-fledged patent application):
1. The USPTO filing fee: $165
2. The USPTO patent search fee: $270
3. The USPTO examination fee: $110
So, when you total the above, it will cost $545 to submit your patent application.
4. Should you be successful with your patent application — that is, the USPTO Patent Examiner says that you have an allowable application — you’ll need to pay $755 to the USPTO to have your patent issued.
So, all totaled, the fees to the USPTO would be $1,300.
A couple things to point out:
1. The initial filing fee mentioned above ($165) is for a patent application with up to three independent claims and 17 dependent claims. “Claims” are the heart of a patent application — and I intend to go into further detail on Claims in another post that I’ll write over the next week or so. Suffice it to say, your first patent application will likely not have more than one or two independent claims and likely less than 17 dependent claims — so the $165 is a good gauge for your patent-planning budget.
2. Realistically, it’s going to take one to two years (maybe even more) before your patent might issue (that is, your application allowed by the USPTO Examiner). Indeed, the process does take that long. So, you won’t be paying the $755 issue fee for some time — which really helps when you’re budgeting your overall expenses.
Of course, as with anything, there are other costs that you might have to incur. For instance, will you have to pay someone to create the drawings of your invention that you’ll have to submit with your patent application? If you’re “artistically challenged” like me, you’ll either need to find someone to help — or use some of the neat software tricks I’ve learned to turn photographs into “line art” drawings. (This is another topic that I plan to write about in the very near future. Stay tuned, as this trick alone can save you a great deal of money.)
In a nutshell: If you go the do-it-yourself route, it will cost you about $1,300 spread out over a couple of years (as the $755 issue fee won’t have to be paid until you receive approval — called “Notice of Allowance” — from the patent office examiner). On the other hand, if you hire a patent attorney, it will likely cost you between $10,000 and $20,000. And many of those dollars will be expended very early in the process.
As I mentioned above, my goal for this Web site is to help you file a patent application yourself. Of course, I can’t guarantee your success. I have no idea if your invention is even patentable. But I can point you in the right directions to give you a great shot at success if your invention is patentable.
Glad to help!
– Eric
P.S. If you’d like to review the entire U.S. Patent and Trademark 2009 Fee Schedule, visit the following link: http://www.uspto.gov/web/offices/ac/qs/ope/fee2009september15.htm
P.P.S. This post also responds to the following common questions:
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This was really neet, thank you. I went to the government site to get prices and became totatallyyyy confused and lost. You answer was right to the point. I cant believe it costs so much. Guess I need to weigh the pros and cons of patenting. Sure will take a while to make money. And were just a couple of moms wanting to get ahead on an improvement idea that we plan to make ourselves.
they sure do make it tough for the working man to get a patent on an idea.but whats the diffrence between a patent and copyright protection. lets say you have an idea for a statue or action figure.
That helped a lot! Thanks for making it clear.
Hi Daniel.
Glad to help with your question.
The U.S. Patent and Trademark Office has a nice, one-page description / comparison of Patents, Trademarks, Servicemarks, and Copyrights. Check out the following Web link: http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm
Best of luck with your idea!
– Eric
Hi Oguz.
Glad to have helped. Best of luck with your invention and patent endeavors!
– Eric
Eric,
In the past I have noticed several occasions where a product is promoted online or on television with the wording “patent pending”. My question is does patent law protect those ideas from the point at which you apply for a patent (if it is eventually granted) or can someone else swoop in and steal your idea before the US Patent Office grants you a patent. I realize you are not a patent attorney, just hoping you have an answer.
Thanks
Hi Jesse.
Thank you for your question. In fact, your question prompted me to write a post on precisely this topic. It’s entitled, “What is ‘Patent Pending’? And should you start marketing your invention as soon it is Patent Pending?” Check out my new post at the following link: http://patent-your-inventions.com/?p=45
Thanks, again, for nudging me to write a post on the “patent pending” topic.
Best of luck with your invention endeavors!
– Eric
Thanks a bunch for going through the trouble of giving all of this golden information. Kudos to you!
Great site man, This has helped me out tremendously, i had know idea how to get a patent, now i feel like an expert haha. But thank you for your wisdom.
Just one question, can *anyone* file a patent in the US, or do you need to be a resident there?
Or will the US abide for patents registered elsewhere?
Hi Carlos.
Any person, regardless of citizenship or residence, may file for a U.S. patent. You would list your citizenship on the patent application forms.
Glad to answer your question.
– Eric
Hey Eric
Thanks a ton for having this information available to us. I have passed your website along to a couple of other people who are interested in getting patents as well.
Everyone knows the saying, “You have to learn to crawl before you walk”, but I still haven’t learned to crawl yet. All I have is an idea (or a few), but like many others, I am overwhelmed at where exactly to start and how to proceed at fulfilling a dream of making my idea a reality. When speaking in “dummy terms”, where would you tell someone like me to “START HERE” to get the ball rolling.
I’m still reading different pages of your site, so I know there is a chance that the answer is around here and I haven’t found it yet. But I figured since I was on this page, I would ask.
Again, your work on this site is greatly appreciated, as well as your feedback.
Tom
I have an idea how to improve an existing product.
for example, if my idea is to add lard flavor to dr. pepper (just an example, honestly
can I patent an improvement to an existing product?
can you tell me what patent would be best to apply for.. I have a new beverage idea.
Hi Tom.
Thank you for your compliment and for passing along this resource to your friends and colleagues. Glad to be of service!
Yes, I understand how daunting the first step can be. There is a lot to digest. And you don’t want to make a misstep with your invention.
I’ve been thinking this over quite a bit, as I’m regularly asked what is the best “START HERE” step? I’ve decided to pass along what I took as my “first step” in the mid-80s when I began my invention career. It’s a first step that is still valid today. My sister, knowing my long-time (since childhood) inventiveness, gave me a book for Christmas entitled “Patent It Yourself”. To make a long story short, I took one of my then-current invention ideas and (using the Patent It Yourself book as a guide) prepared a patent application. And, ultimately, I received my very first patent.
Fast forward to today: This same book is now in its 13th edition. And it is still one of my most-favorite patent resources. So, Tom, to answer your question (and to others who have this same need), I would recommend going to your local library and signing out Patent It Yourself by Patent Attorney David Pressman.
Again, almost every major library in America has this book. I would encourage you (and others) to give it a whirl. The chapter on writing patent claims (typically the most daunting task in a patent application) is particularly brilliant.
Thank you, again, for your fine words about this Web site. I really appreciate your thoughts. I hope I’ve been helpful to you.
Best of luck with your invention. Keep me posted.
– Eric
Hi Solomon.
Yes, you can patent an improvement on an existing product. For more information, check out my post entitled: “Can you combine two patented or existing products to create a new, patentable invention?” Click on the following link to jump there quickly: http://patent-your-inventions.com/?p=95
Glad to help!
– Eric
Hi David.
A beverage can be patented, but the path to do so is rather complex. You may want to consider, instead, encompassing your new beverage as a Trade Secret — as Coca Cola has done for many years. Click on this link for some interesting information. And here’s a good overview of Trade Secrets.
Hope this helps!
– Eric
Do I have to send the drawings and specifications on paper or can it be by e mail? Which format? PDF?
How and where do I pay?
Thanks
Aldo
Hi Aldo.
You can now file a patent application (including the drawings, specification, etc.) online at the U.S. Patent and Trademark Office. Here’s a handy link for the info at the USPTO: http://www.uspto.gov/ebc/efs_help.html
The USPTO’s Web site also has a section that provides information on patent fees. Here’s a link to that section: http://www.uspto.gov/main/howtofees.htm
Glad to help!
– Eric
I’ve heard that you must have an existing and working model before being given a patent. Do you have to have an existing and working model before applying? On your application do you submit drawings? If so do they need to be super professional done by someone who has agree in drafting?
Hi Clark.
I have a number of posts on this Web site that will provide you with additional guidance. But, briefly, yes — you have to (in patent lingo) “reduce the invention to practice” (that is, you have to make a functioning device).
Regarding patent drawings: I also have some posts regarding how to create your own patent drawings with nifty tricks with Photoshop. For instance, check this one and this one.
Best of luck in your endeavor!
– Eric
Eric
Great site.
Question: How much to patent a food seasoning..does that have the same criteria for a physical product which is not edible?
Hi Eric, you’ve got some very helpful content on this site, and I now have a start on my pursuit of a patent. This is slightly off topic, but I was hoping I could draw on your expertise to find out what a first step would be in the pursuit of creating a working prototype of an invention. I searched your site, but didn’t see any historic content regarding this. I’d greatly appreciate any help you can offer or resources you could point me to. Thanks.
Hi Elliot. Thank you for the kind words.
In certain instances, food products / food additives can be patented.
Let me paste a link to a food-additive patent entitled “Sterol esters as food additives”:
http://www.google.com/patents/about?id=od4JAAAAEBAJ&dq=6394230+-+Sterol+esters+as+food+additives
You may want to read through this particular patent for some ideas on your invention.
Glad to help. Best of luck with your endeavor!
– Eric
Hi Tony. Thank you for the kind words.
You raise a very good question: How to create a prototype. And, you’re right — I’ve not created a post about that yet. Thanks to your idea, I will do so.
In the meantime, to answer your question, creating a working prototype can be one of the most daunting steps in the entire invention and patent process. For some of my inventions — particularly mechanical ones — the first thing I do is roam hardware stores in search of components I can cobble together to make a crude, but functional, device. I have also learned that if you can make a working prototype simply from parts at a hardware store, chances are the actual resulting product will be easy (and low cost) for a company to manufacture.
If it is a complex device that I can’t make myself, I’ll try to find someone (or a small company) in the field of the device that might want to take on a small project to build a prototype. Sometimes I’ll have to “cut a deal” regarding any potential downstream business. Small companies are more flexible in this sort of creative approach. To find a list of possible companies in your area, just Google the industry / resource you need with entries like “plastic molding” or “metal stamping” or “electronics design and fabrication”. You might be surprised at the resources you’ll find very close (or in) your home town.
Another approach is to Google the term “prototyping” or “prototype services”. There are many companies that exist purely to create “one-off” prototypes. Many of these companies are comfortable working with inventors and / or small companies with a product idea. The reputable ones will also be forthright with their confidentiality practices.
WARNING: Be very careful who you talk to about your invention — and when. The “safest” time is after you’ve filed your patent application. However, in many cases, the prototype is the speed-bump in the patent application process. It’s very much the “chicken and the egg” thing. I rarely approach a production company prior to filing a patent application — as the risks are huge otherwise. But if it becomes necessary, it is critical to check out the production company thoroughly — to check out their reputation. Use the Better Business Bureau, Chamber of Commerce, and / or personal project references.
And even when a company checks out as reputable, make sure you — minimally — have an iron-clad NDA (Non-Disclosure Agreement) in place. As you may read in other posts, I’m not a big fan of NDAs (as some companies will ignore them if they see big profits without you). But if you have to go down that road, I would recommend that you tap a couple hours of a local attorney’s time to write up a sturdy NDA.
Tony, thanks again for bringing this topic to the forefront. I will indeed make a major posting on this topic.
Let me know how things work out. Best of luck with your invention!
– Eric
hey i have an idea but i dont know what to do i read your aticle but how do i know if its been invented the same way im doing it i dont want to get sued for stealing when im thinking im the only one that did this idea
Hi Eric,
I was just browsing different web-sites and lucked up on yours. Thank you so much for posting all of the information you’ve posted thus far, it has been sooooo helpful. My husband and I are working on a couple of things, but didn’t know where to start. I do have a few questions though. I saw both sections on how to use photoshop to make professional looking drawings, but can I use a drawing that I’ve done by hand? I am a pretty good artist, but what exactly is the Patent and Trademark office looking for and should I include more than 1 drawing or rendering? And since they’re drawn by hand, should I turn them into computer renderings?
-Parina
Hi Daniel.
A great starting point is to go to Google’s patent search database. Check out http://www.google.com/patents.
Best of luck with your idea.
Hi Parina.
Thank you for the very kind words. Much appreciated.
Congratulations on the ideas you have percolating with your husband. I hope you are enjoying the invention process.
Yes, you certainly can use drawings made by hand. The following is an excellent page published by the U.S. Patent and Trademark Office (USPTO) regarding drawings: http://www.uspto.gov/web/offices/pac/doc/general/drawing.htm
I think you’ll find the linked information very helpful — as it answers your other questions as well.
Best wishes to you and your husband in your invention endeavors. And, again, thank you for the kind words about the Web site here.
– Eric
Hey Eric,
Thanks for the info. Can you patten a cell phone app, or is there another process to secure the rights to a software invention?
–A
Hi Adam. Thank you for the question.
Yes, you can patent software and software applications. I’d recommend checking out some examples, to give you some ideas regarding your particular invention. The easiest way to do that is to use Google’s patent search tool and type in some relevant keywords to bring up software patents. Click on the following link http://www.google.com/patents
Best of luck with your invention. Glad to help!
– Eric
hello.i need to patent a story for a comic do i need to pay thousands and wait years before i can send to my artist or is there a faster and cheaper way on doing this.please help me
I just found your website and it is great! I have worked around the building industry all my life and last year I came up with an idea for an adjustable woodworking jig that every trim carpenter in the world would love to own. I have researched online for a product like it and, after many hours, I’m convinced that I have a unique idea. Like I said, I’ve been around the industry my entire life and have never seen or heard of anything like it so I built a prototype and have used it on two jobs now. It works flawlessly and saves TONS of time and frustration. I definitely want to patent it but I want the patent to be airtight so I am thinking about hiring a patent attorney since I’m sure that larger companies may try to take advantage of any loopholes I might have if I try to pursue the patent myself. Money, of course, will be the obstacle. How do I go about finding investors?
Hi Len.
Thank you for the excellent question. And I’m glad to provide an answer.
Please do me a big favor and copy ‘n’ paste your question into my recently launched Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of additional patent- and invention-related topics (such as invention marketing — which has been a very popular question).
If you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!
– Eric